1. Regulations on employee training:

According to the provisions of Article 62 of the 2019 Labor Code, it is stipulated that employees can improve their qualifications, vocational skills, and receive training at home or abroad from funds paid by the employer or even Funding from sponsoring partners to the employer requires both parties to sign a labor contract.

The basic content that must be included when the parties sign a labor contract is as follows:

– What is vocational training?

– Information about location, time as well as salary during training period.

– The employee's working commitment period after completing training.

– How much does training cost?

– Responsibility to reimburse employees for training costs.

– Responsibilities of the employer.

– Responsibilities of employees.

2. Compensation for training costs when sent to study abroad

Pursuant to Clause 3, Article 62 of the 2019 Labor Code, training costs include the following:

– Expenses for teachers, learning materials, schools, classrooms, machines, equipment, and practice materials.

– Other expenses to support learners and salaries, social insurance, health insurance, and unemployment insurance payments for learners during school time.

– Travel expenses and living expenses during the training period (applicable to cases where workers are sent for training abroad).

In principle, after being trained, the employee will have to work for the employee according to the time committed in the training contract. If the employee violates the commitments in the training contract, he or she may have to reimburse the employer for vocational training costs.

If in the training contract the two parties have an agreement on the level of compensation and compensation responsibilities, implementation will be based on the agreement between the two parties.

If there is no clear agreement between the parties in the training contract, the refund of training costs will be on the following basis:

The first,The employee unilaterally terminates the legal labor contract:

Currently, the 2019 Labor Code does not specifically stipulate whether an employee unilaterally terminates a legal contract and must reimburse training costs or not.

However, according to the provisions of Article 61 of the Education and Occupation Law, those who graduate from training courses paid for by the employer or receive a scholarship must work for the company according to the law. in accordance with the commitments signed in the labor contract. If the commitment is not met, the employee must reimburse the scholarship and training costs.

According to the above regulations, even in cases where the employee unilaterally terminates the labor contract in accordance with the law, but does not comply with the commitments in the training contract, he/she must still reimburse the training cost to the employer. labor employment.

Monday, The employee unilaterally terminates the labor contract illegally:

Pursuant to Article 40 of the 2019 Labor Code, which stipulates the employee's responsibilities when unilaterally terminating the labor contract illegally, the training cost must be refunded to the employee.

Thus, in this case, the employee must also compensate the employer for training costs.

It can be seen that an employee who unilaterally terminates a labor contract is responsible for repaying training costs, whether legally or illegally.

3. Documents and procedures for initiating a lawsuit to claim compensation for training costs:

Step 1: Conducting conciliation through a labor conciliator:

Pursuant to Article 188 of the 2019 Labor Code, individual labor disputes must be resolved through the conciliation procedure of a labor conciliator before requesting resolution by the Labor Arbitration Council or Court. , except that the following cases will not be required to conciliate:

– Regarding compensation and benefits when terminating the labor contract.

– Regarding labor discipline in the form of dismissal or in cases of unilateral termination of the labor contract.

– Disputes between domestic workers and employers.

– Disputes related to social insurance, health insurance, unemployment insurance according to the provisions of social insurance law, health insurance law, employment law, etc.

– Disputes related to compensation between workers and businesses and organizations sending workers to work abroad under contracts.

– Disputes between subleased workers and subleased employers.

According to the above regulations, disputes over claims for compensation for training costs will be subject to mediation through a labor conciliator before filing a lawsuit.

Upon receiving a request to conciliate a labor dispute, the labor conciliator must complete the conciliation within 05 working days.

Participants in the conciliation meeting must be present from the disputing parties. Note that disputing parties can authorize others to participate.

During the mediation session, the mediator's responsibility is to guide and support the parties in negotiating to resolve the dispute.

Step 2:The conciliation session will have the following results:

+ Successful conciliation: the labor conciliator prepares a record of successful conciliation. The content of the minutes must be fully signed by the disputing parties and the labor mediator.

+ Unsuccessful conciliation: the labor conciliator must propose a conciliation plan for the parties to consider.

If that plan is approved by the parties, a record of successful conciliation will be drawn up.

If that solution is not accepted by the parties, it will be considered unsuccessful. The mediator will be responsible for drawing up a record of unsuccessful mediation and having it fully signed by the parties.

When one of the disputing parties has been duly summoned for the second time but is still absent without a valid reason, the labor conciliator will also prepare a record of unsuccessful conciliation.

Step 3:File a lawsuit with a court with jurisdiction to resolve:

* Prepare lawsuit documents:

Dossier to initiate a labor case includes:

- Petition.

– Identification documents (including identity card or citizen identification card) of the plaintiff.

– Documents and evidence related to the content of the dispute (if any).

– Documents related to labor relations such as: Labor contract, decision to terminate labor contract or dismissal decision, notice of resignation,...

– Minutes of conciliation failed.

* File a lawsuit:

The competent court is the district-level People's Court where the defendant's headquarters is located. Except in cases where the parties have a written agreement to choose the Court where the plaintiff resides and works to resolve the dispute.

Form of filing a lawsuit: submit in person or submit by mail.

* Court handling the case:

Within 07 days from the date of receiving the Court's notice of payment of court fee advance, the plaintiff must pay the court fee advance and submit to the Court a receipt for the court fee advance.

The order for resolving labor disputes in court will be resolved according to civil proceedings prescribed in the 2015 Civil Procedure Code and its guiding documents.

Legal documents used in the article:

– Labor Code 2019.

– Civil Procedure Code 2015.

– Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the labor code on working conditions and labor relations.

– Resolution No. 326/2016/UBTVQH14 regulates the rates of collection, exemption, reduction, collection, payment, management and use of court fees and charges.